Jim,
Joe! Trying my best! Donnez moi un break, as our friends in France would say! (Again, for clarity, â this is all in genial tone.)
Roger. Break given. (BTW, I love it when you speak french! It remindâs me of my TB20 - an acutal airplane!)
My first response to you was about, ummm, âissuesâ â I was arguing why, in my view, a case against Cirrus would not be justified. To which you replied: Well, it IS going to happen. To which I said: I donât think so, and Iâll make a bet!
True, and I concede the point that a lawsuit is not very likely for practical reasons. And I admit to using the specter of legal action partly as an excuse to raise the issues of breech of faith, etc.
To sneak back into the mire of legalism, breach of contract requires violation of what is explicitly stated (or distinctly if implicitly promised) in the contract itself. Did your contract with Cirrus say that if they didnât deliver on the target date, theyâd give you back the money with interest, or compensate you for frustrated hopes in some way? Mine sure didnât. It said that a number of things would apply if they didnât meet that date: I wouldnât have to make further progress payments, the CPI clock would stop running, etc.
I agree, especially with the Ăâimplicitly promisedĂâ part. I just think that there was an implicit promise to concentrate on producing SR20Ăâs, not SR22Ăâs. As evidence I submit, once again, CirrusĂâ touting of the ramp-up to one-a-day. Implicit in that was that they would be producing SR20Ăâs at that rate.
Again, to sue them for breach, you have to show that they violated a promise they made as part of the deal. You could argue, if you want, that their decision to shift to 22 production constitutes such a breach. I am simply saying (Issues Mode: ON) that I do not believe this to be a powerful argument. CRUCIAL QUESTION: what EXACTLY is the part of the contract Cirrus has violated?
The implicit part. See above.
Legal actions are, well, legalistic, and the burden is on the plaintiff to show EXACTLY what promise the company broke. It canât just be, âIâve had to wait too long for my plane!â
ThatĂâs not my argument. My argument is that they took $15 grand from SR20 depositors with at least the implicit understanding that that money would be spent in ramping up SR20 production. LetĂâs say, for argument, that the K brothers decided theyĂâd have to go back to yacht building for a while to make a profit, and persuaded some position holders to agree swap their plane for a yacht. How would you feel about Duluth pumping out boats for a couple of months, with your deposit?
(Issues Mode: STILL ON). That is why I said itâs a COMMERCIAL matter, not a LEGAL one. Cirrus made a strategic decision, knowing that it would lose some customer goodwill. To say that a policy makes some customers angry is not the same as saying (a) that itâs illegal or actionable or (b) that itâs a mistake. It could be a mistake, but thatâs for the market to sort out â how many people Cirrus pisses off, versus whatever benefits the 22 emphasis brings.
I respectfully disagree. I maintain that a bait-and-switch argument could be made, as well as one for breech of (implicit) contract.
And if you come back saying, âwell somebodyâs still going to sue,â then Iâm going to go back into âBetâ mode â let me know if youâre interested at 1/100th the previous level.
Alright already. I concede that itĂâs farfetched, especially in light of your persuasive arguments as to why it would be impractical. No bet. You win on this point.
(Issues Mode: OFF. Genial Mode: CONTINUING)
BTW, I readily admit to doing some Ăâpot stirringĂâ here.
Cheers,
Joe